Article 227 of the Costitution of India with Case law
📜 Article 227 of the Constitution of India – Power of Superintendence over all Courts by the High Court
✅ Text of Article 227:
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the foregoing provision, the High Court may:
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts;
(c) prescribe forms in which books, entries, and accounts shall be kept by the officers of any such courts.
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates, and pleaders practicing therein.
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
🧠 Explanation:
Article 227 gives High Courts supervisory jurisdiction over all lower courts and tribunals in their territory.
This is not appellate jurisdiction, but administrative and judicial supervision.
Ensures fair procedure, control over subordinate judiciary, and constitutional discipline in tribunals.
✅ Key Features:
| Feature | Explanation |
|---|---|
| Who has power? | High Courts |
| Scope | Superintendence over all courts and tribunals (except military) |
| Purpose | To ensure proper and fair functioning of the subordinate judiciary |
| Not appellate | Not to correct mere errors of law unless there's gross injustice |
⚖️ Important Case Laws on Article 227:
1. Waryam Singh & Another v. Amarnath & Another
Citation: AIR 1954 SC 215
Held:
The power under Article 227 is of judicial superintendence.
Can be used to ensure that lower courts act within their jurisdiction and do not cause grave injustice.
2. Surya Dev Rai v. Ram Chander Rai
Citation: (2003) 6 SCC 675
Held:
Distinguished between Article 226 (writ jurisdiction) and Article 227 (supervisory).
Under Article 227, High Court can interfere even if there is no error of law, provided there is manifest injustice or abuse of process.
3. Radhey Shyam v. Chhabi Nath
Citation: (2015) 5 SCC 423
Held:
Overruled part of Surya Dev Rai.
Held: Judicial orders of civil courts cannot be challenged under Article 226; only under Article 227.
Clarified the limited scope of Article 227 for judicial review over subordinate courts.
4. Shalini Shyam Shetty v. Rajendra Shankar Patil
Citation: (2010) 8 SCC 329
Held:
Power under Article 227 is to be used sparingly and only in appropriate cases to keep subordinate courts within bounds of their authority.
It is not to be used like a routine appeal.
🔍 Difference between Article 226 and 227:
| Feature | Article 226 | Article 227 |
|---|---|---|
| Nature | Writ jurisdiction | Supervisory jurisdiction |
| Can be used against | State, public authorities | Subordinate courts/tribunals |
| Scope | Broader | Limited to supervision |
| Review judicial orders? | No (normally) | Yes, if there's gross injustice |
📚 Summary Table:
| Feature | Description |
|---|---|
| Article | 227 |
| Applies to | High Courts |
| Power Type | Supervisory (not appellate) |
| Covers | All courts and tribunals under High Court’s jurisdiction (except Armed Forces) |
| Used for | Ensuring legality, fairness, and jurisdictional discipline |
| Limitations | To be used sparingly, not to substitute appeals |
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